COM. v. GRAYSON


379 Pa.Super. 55 (1988)

549 A.2d 593

COMMONWEALTH of Pennsylvania v. Thomas Willard GRAYSON, Appellant.

Supreme Court of Pennsylvania.

Filed October 21, 1988.


Attorney(s) appearing for the Case

Carmela R.M. Presogna, Assistant Public Defender, Erie, for appellant.

Douglas J. Wright, Assistant District Attorney, Girard, for Com., appellee.

Before CAVANAUGH, ROWLEY and KELLY, JJ.


KELLY, Judge:

In this case, we are called upon to decide what degree of physical contact is necessary to constitute "indecent contact" within the meaning of that term in 18 Pa.C.S.A. § 3126 which defines the offense of indecent assault. Specifically, we must determine whether the brushing of appellant's penis against the underside of the victim's jaw constitutes touching as contemplated by the statute. Upon review of the record and the applicable authority, we...

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